1.1 The Committee, at its ninety-second session,
recalled that the four-year cycle for the entry into force of amendments
to the 1974 SOLAS Convention had been agreed
in the past by MSC 59 (MSC 59/33, paragraphs 26.1 to 26.7) allowing
shorter periods under exceptional circumstances if, on the basis of
experience, it was deemed necessary to do so in order to rectify a
mistake or for any other compelling reason. The Committee noted, however,
that this practice had been discontinued during recent years.
1.2 The Committee, at its ninety-third session,
noting the work done intersessionally in relation to the process of
amending the SOLAS Convention and related mandatory instruments, approved
the present Guidance on entry into force of amendments to the
1974 SOLAS Convention and related mandatory instruments (the
Guidance).
1.3 The main objective of this Guidance is the
implementation of a four-year cycle for the entry into force of amendments
to the 1974 SOLAS Convention and related mandatory instruments, as
described below.
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Timeline for implementation
2.1 The Committee agreed that the first four-year
cycle would commence on 1 January 2016 with a corresponding entry-into-force
date of 1 January 2020. For the first four-year cycle, amendments
after 1 July 2018 not adopted under conditions of exceptional circumstance,
as described in paragraph 4.1 below, would enter into force not earlier
than 1 January 2024.
2.2 Any amendment adopted in 2014 or 2015 would
enter into force on a date as may be agreed by the Committee.
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Four-year cycle of entry
into force
3.1 Amendments to the 1974 SOLAS
Convention, other than amendments to an article of the Convention
or to chapter I of the annex to the Convention, should be developed
bearing in mind a pre-defined four-year entry-into-force interval.
Amendments outside this period should only be allowed under exceptional
circumstances, as described in paragraph 4.1 below.
3.2 At the adoption stage, the Committee should
agree on the date of entry into force of the amendments, taking into
account the four-year cycle for entry into force, as described in
paragraph 2.1 above. In doing so, the provisions of article VIII(b)(vi)(2)
of the Convention related to the required acceptance period should
be observed.
3.3 The minimum period defined in the Convention
between adoption and entry into force of amendments is 18 months (i.e.
one year for acceptance plus six months to enter into force). Therefore,
amendments adopted less than 18 months before the end of a four-year
cycle of entry into force should enter into force at the end of the
next four-year cycle.
3.4 The four-year cycle of entry into force should
not apply to those instruments which have an already agreed set cycle
of amendment (e.g. IMDG and IMSBC Codes).
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Exceptional circumstances
4.1 Notwithstanding the main objective of this
Guidance, exceptional circumstances requiring expedited actions may
occur. Such exceptional circumstances might be:
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.1 as a result of a serious casualtyfootnote or near miss that had the potential to cause
a serious casualty where it is clear that similar incidents are likely
to occur affecting a significant amount of the world fleet if no action
were taken and either:
-
or
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.2 the need for amendments due to developments
or changes in other regulatory regimes (e.g. those adopted by other
international organizations) that cannot be addressed by any other
means within the four-year cycle.